Freezing notices for registrable real property, duration of and notices about
38 Freezing notices for registrable real property, duration of and notices about
A freezing notice for registrable real property comes into force when a memorial of the issue of the freezing notice is registered under section 113(1).
A freezing notice for registrable real property stops being in force when a memorial under subsection (4) or (5) in relation to the property is registered under section 113(1).
However, if the freezing notice was issued on 2 or more grounds, but a memorial has not been lodged under subsection (4) or (5) in relation to each of those grounds, the freezing notice continues in force as if it had been made on each remaining ground.
If a freezing notice under section 34(2) is in force for registrable real property, the applicant for the freezing notice must lodge a memorial with the Registrar of Titles if —
the freezing notice is cancelled under section 40; or
the freezing notice is set aside under Part 6; or
the property is confiscated under section 6, 7 or 8.
If a freezing notice for registrable real property was issued under section 34(3) on the basis that a person has been or is likely to be charged with an offence, the applicant for the freezing notice must lodge a memorial with the Registrar of Titles if —
when the notice was issued on the basis of advice given under section 34(3)(a) — the person is not charged with the offence within 21 days after the date of the freezing notice; or
the charge against the person is disposed of; or
the charge is finally determined, but the person is not declared to be a drug trafficker under section 32A(1) of the Misuse of Drugs Act 1981; or
the freezing notice is cancelled under section 40; or
the freezing notice is set aside under Part 6; or
the property is confiscated under section 6, 7 or 8.
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